id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
cjel-3749	Lynch, Kevin J.	A Fracking Mess: Just Compensation for Regulatory Takings of Oil and Gas Property Rights	2019	82	.pdf	application/pdf	36743	1648	56	Serkin identified nine “valuation mechanisms” that courts use to calibrate just compensation awards.154 These mechanisms include harm versus gain; allocating risk; permissible but unenacted regulations; benefit offset and average reciprocity of advantage; timing of valuation; and recharacterizing the property taken.155 Serkin also identified a range of “contested takings theories” that have been advanced in support of various views on how takings law should be applied by the courts.156 Serkin’s key insight was to connect the variety of theories of takings law with the valuation mechanisms previously discussed, arguing that no true value of property can be determined without first understanding the theory being promoted and the context of the particular case.157 Thus, takings cases need not reflect a unified theory because instead they reflect a number of competing theories that may change over time 154. Efficiency arguments are also reflected in numerous statements or rules developed by the courts in takings cases.	cache/cjel-3749.pdf	txt/cjel-3749.txt